Terms of Use

A. INTRODUCTION

Welcome to Telkomsigma Cloud Application (“STARCLOUD”). STARCLOUD is published for and on behalf of PT SIGMA CIPTA CARAKA (“Telkomsigma” or “we” or “us” or “our”), a company incorporated in Graha Telkomsigma (formerly known as German Center) 5th floor Jl. Kapt Dj Soebijanto Bumi Serpong Damai Tangerang Selatan. This Terms of Use (“Terms”) will become an agreement (the “Agreement”) which is made and entered into by and between Telkomsigma and the entity and/or party agreeing to these terms (“Customer” or “you” or “your”). This Agreement is effective as of the date Customer clicks to accept the Agreement (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind as Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) if you are entering this Agreement for an entity, such as the company worked for, you represent to us that you have legal authority to bind that entity (iv) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer’s access to and use of the Service. Telkomsigma and/or STARCLOUD in its sole discretion, may amend, modify, extend and/or update this Terms in any time.

B. GENERAL CONDITIONS

STARCLOUD products and services are made for your own needs, based on the package that you choose according with the specific package and terms that you agree (“Services”). For the use of STARCLOUD, you are aware and agree of the STARCLOUD’s policies made available to you within the Services (“Policy”). Such Policy will include but not limited to the following components:

(1) For the use of STARCLOUD, you are bind in all the laws and regulations of the Republic of Indonesia and any other jurisdiction that may apply (hereinafter referred to as “Applicable Law”).

(2) You are prohibited to use STARCLOUD with any activity that is restricted by Applicable Law, norms or ethics, including but not limited to (a) contain STARCLOUD with the contents that breach the Applicable Law, or with the intention to promote or encourage illegal activities including but not limited to the copyright offense and/or distribute viruses, worms, trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (b) trying to gain unauthorized access to any network, servers or computer system that is connected to STARCLOUD (c) modify, adapt, translate, or to engineer or re-format or frame any part or pages of STARCLOUD unless expressly permitted in the Terms and Applicable Law.

(3) You are prohibited to authorize, assist, encourage or facilitate another person or entity to take any action against any rules stipulated by Telkomsigma or the Applicable Law.

(4) You are responsible for the contents in STARCLOUD (“Your Content”) and responsible for any activities or its results running on the STARCLOUD.

(5) You will provide information or other materials related to Your Content as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.

(6) If we reasonably believe any of Your Content violates the Applicable Law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 (two) calendar days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the relevant laws and regulations as required to comply with or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.

(7) You will ensure that all information you provide to us (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.

(8) From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service offerings (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.

(9) We are entitled to temporarily and/or permanently suspend STARCLOUD if (a) you have breached payment obligation, and the suspension or termination could not be the reason by you to not pay the Services that you have used, you shall be responsible entirely for all the cost for the all the Services being used; (b) breach the condition as stipulated in this Terms (c) you give untrue information, not proper, incomplete, not accurate, or that Telkomsigma suspects that the information is untrue information, not proper, incomplete, not accurate, Telkomsigma shall suspend or terminate your access to STARCLOUD and refuse and/or cancel Services being and/or going to use.

(10) By Telkomsigma’s own consideration, Telkomsigma is entitled (a) to suspend or terminate any of the Services at any time, (b) do the changes and/or dismissal of the Services at any, (c) to do any actions including but not limited to maintain, operate, suspend, temporarily shut down STARCLOUD, in order to ensure the availability, accessibility and durability of STARCLOUD or resources to provide STARCLOUD.

(11) You will keep confidential and will not abuse the information you receive from using STARCLOUD. You will treat Services with respect, and will not engage in any unlawful, threatening, or harassing behavior or activities whilst using our Services.

(12) You understand and agree that your use of our Services will be subject to our privacy policy (“Privacy Policy”), as may be amended from time to time. By using STARCLOUD, you also give your consent as required under our Privacy Police.

(13) You agree that we may share any of your information provided to us to any third party, selected by us, for marketing and/or development purposes, and/or any other beneficiary purposes for STARCLOUD.

C. PRICE AND PAYMENT

(1) Telkomsigma is entitled to the price given to Customer. Price and payment terms may be changed subject to Telkomsigma’s calculation and resolution. A notice of such change will be provided to Customer and Customer may choose to continue to use Service or provide Telkomsigma a written notice if any objection arisen due to such change which will lead to unsubscribing Service (“Unsubscribed Letter”). If within 7 (seven) days of such notice issued and no Unsubscribed Letter has been provided by Customer to Telkomsigma, it will be assumed that Customer has agreed to the new price and/or payment terms.

(2) If you choose not to continue our Service or you have not paid to continue our Service, we will provide you the period of 7 (seven) days to complete your payment. During the period, you will not be able to access your account and we have full rights to disable and/or suspend your account. After the period of 7 (seven) days have passed and no payment has been conducted, your account on STARCLOUD will be closed and deleted, including all data and information in it, and we are not responsible for any loss data and information in your account. Once your account is closed, any remaining files in your account will be deleted, and you will no longer be able to sign in to the account on STARCLOUD. If you wish to continue to use our Service but you have passed your period of 7 (seven) days, you will be required to open a new account and will not be able to use and claim for any kind of data, information and files in your suspended and/or deleted account.

(3) The capacity of data usage in your STARCLOUD account will be expired after 1 (one) billing period. In the event that there are still unused capacity and your period of Service has ended, such unused capacity would not carry over in the following month, and could not be refunded in any kind of form.

D. CONFIDENTIALITY

You are responsible for maintaining the confidentiality of your STARCLOUD account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

E. REGISTRATION

(1) The features and services of STARCLOUD can only be accessed by you. After registering, you are bind with the Term that apply.

(2) Registration could be done by you by using “sign up now” to register and get the STARCLOUD account.

(3) When registering, you shall enter your identity and your data with this terms:

(a) complete the account data using your personal information. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever the proof of identity we may reasonably ask for.

(b) STARCLOUD has the mechanism of verified member for you that would like to verify your identity.

(c) If there is any changes of the personal information that you have provided to us, for example, if you change your email address, or if you wish to cancel your account, please update your details by sending your request to us.

(4) You are obligated to keep the password, email address and any other confidential information that is contained in STARCLOUD by not giving to any other third party that is unauthorized, we are not responsible for the misapplication use of STARCLOUD by any other third party that is entitled who is being aware of the password or STARCLOUD account that is caused by your negligence or intention.

(5) After having the STARCLOUD account, you are able to use the feature and services that you choose to subscribe.

(6) The term of the usage shall be effective since the purchase date until the end of the package term.

F. COPYRIGHT

All content included in STARCLOUD, including but not limited to trademarks, brand, logo, text, graphics, button icons, audio clips, digital downloads, data compilations and software (“Brand”) is the copyright of Telkomsigma or Telkomsigma group. You are not allowed to use, copy, change, multiply, duplicate, reproduce, publish, keep, exploit commercially, or promulgate Brand without prior written approval from Telkomsigma.

G. MODIFICATION

We may from time to time modify these Terms, or change or discontinue the STARCLOUD as a whole, or any aspect of it. We will notify you of changes by posting them on the STARCLOUD website or by sending you an email using the email address provided to us in your application for the STARCLOUD. You are responsible for checking the STARCLOUD website regularly for changes. Changes will be effective as of the date such changes are posted or, if we notify you by email, as stated in the email message. By continuing to participate in the Program, you agree to comply with the most current version of these Terms. We last modified these Terms on the date listed at the beginning of these Terms.

H. WARRANTIES

We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. We do not represent or warrant that (a) the use of the Services will be secured, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) errors or defects in the Services will be corrected, or (e) the Services or the server(s) that make the STARCLOUD available are free of viruses or other harmful component. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Service remains solely and absolutely with you and you will have no recourse whatsoever to the company.

I. LIMITATION OF LIABILITY

(1) Any claims against us by you will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using the Service during the event giving rise to such claims. In no event will we be liable to you or anyone for costs, interest, damages or losses of any type or kind (including personal injury, emotional distress and loss of data, revenue, profits, use or other economic advantage). Telkomsigma will not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Service, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service, including but not limited to the use of or inability to use the Service.

(2) You expressly waive and release us from any and all liability, claims or damages arising from or in any way related to, and from your use of the Services. Responsibility for the decisions you make regarding the Services rests solely with and on you.

J. CORRESPONDENCE

For any inquiries and/or information needed, Telkomsigma could be reached by:

K. DISCLAIMER

(1) YOU ARE WILLING TO BE RESPONSIBLE PRIVATELY AND ENTIRELY FOR ALL THE MISUSE OR LOSS PART OR ENTIRE PRIVATE DATA AND/OR CONTENT AS WELL AS ALL THE IDEA, OPINION, SAYING, MISTAKE, INCORRECTNESS, FAULT, INAPPROPRIATE OR DEPRIVED OF CONTENT THAT IS BEING SUBSCRIBED IN STARCLOUD, AND YOU ARE WILLING TO LIBERATE STARCLOUD AND TELKOMSIGMA FROM ALL THE LEGAL ISSUES THAT IS RELATED TO THE CONTENT ON STARCLOUD (2) YOU AGREE TO LIBERATE STARCLOUD AND TELKOMSIGMA FOR ALL THE COMPLAIN, PROTEST, CLAIM, COPYRIGHT LAWSUIT OR ANY OTHER LEGAL ISSUES RELATED TO THE CONTENT IN STARCLOUD (3) ANY LAWSUIT RELATED TO THE USE OF DATA THAT BREACH THIS TERM, ENTIRELY IS YOUR RESPONSIBILITY. STARCLOUD AND TELKOMSIGMA IS BEING LIBERATE FROM ALL THE LAWSUIT RELATED TO THIS CONDITION (4) TELKOMSIGMA SHALL NOT BE RESPONSIBLE FOR ALL THE IMPACT THAT OCCURS OR ANY LOSSES CAUSED BECAUSE OF THE OFFENSE OR UNAUTHORIZED ACCESS AGAINST STARCLOUD, INCLUDING BUT NOT LIMITED TO THE CONTENTS FIND IN STARCLOUD THAT IS IMPLEMENTED BY OTHER PARTY IN A MANNER CONTRARY WITH APPLICABLE LAW (5) TELKOMSIGMA SHALL NOT BE RESPONSIBLE FOR ANY IMPACT THAT OCCURS OR LOSSES THAT IS CAUSED BY FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO ACT OF GOD, DISASTER, COMMUNICATION FAILURE, GOVERNMENT ACT, WAR, WORKER STRIKE, TURMOIL, ACT OF VANDALISM, TERRORISM. (6) YOU UNDERSTAND AND AGREE THAT, ALTHOUGH TELKOMSIGMA HAVE TAKEN STEPS NEEDED TO ENSURE THE SECURITY OF STARCLOUD, TELKOMSIGMA IS NOT ABLE TO WARRANTY THAT THE USE OF STARCLOUD IS ENTIRELY PROTECTED FROM VIRUSES, SECURITY THREAT OR OTHER VULNERABILITY. (7) YOU ARE AWARE THAT STARCLOUD IS NOT RESPONSIBLE FOR THE PAYMENT GATEWAY, FOR ALL THE RISK THAT OCCURS SHALL BE PROCEED TO THE PAYMENT GATEWAY PROVIDER, THEREFORE THERE WILL BE NO TIMELIMIT THAT CAN BE GIVEN TO THE RESOLUTION OF PROBLEM REGARDDING THIS.

By being agree with this Terms, the terms and conditions of these Terms shall be considered has been read, understood, and agreed by you.

L. APPLICABLE LAW

By visiting the STARCLOUD, you agree that the laws of Republic of Indonesia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Telkomsigma.

M. DISPUTES

Any dispute relating in any way to your visit to the STARCLOUD or to Services provided by STARCLOUD or through the STARCLOUD website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds [*] shall be adjudicated in [*] District Court, and you consent to exclusive jurisdiction and venue in such courts.

N. MISCELLANEOUS

(1) Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Agreement will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assignees.

(2) Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement (but does not supersede prior commitments to purchase Services). We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any purchase request, proposal request, information request, or other questionnaire, or (c) any irrelevant queries you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.

(3) Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

(4) Language. All communications and notices made or given pursuant to this Agreement must be in the Bahasa. If we provide a translation of the English language version of this Agreement, the Bahasa version of the Agreement will prevail if there is any inconsistency between the English language and the Bahasa version.

We reserve the right to make changes to the STARCLOUD, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.